EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Other

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Placing documents that could support future discipline in an employee’s personnel file is an adverse action. The document need not be disciplinary itself or include a threat of discipline; it is enough that the document conclusively accuses the employee of misconduct or substandard performance. (pp. 14-15.) The District’s Cease and Desist Letter definitively accused the employee—already facing potential dismissal for inappropriate conduct—of “once again” insubordinately engaging in inappropriate communications contrary to prior directives. Because the letter warned the employee that further such communications may be used to amend pending disciplinary charges and advised that it would be placed in his personnel file, a reasonable person in the employee’s place would consider the letter adverse to his or her employment. (pp. 15-16.)